| ||||
| Public Act 099-0215 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The County Jail Act is amended by changing | ||||
Section 14 as follows:
| ||||
(730 ILCS 125/14) (from Ch. 75, par. 114)
| ||||
Sec. 14.
At any time, in the opinion of the Warden, the | ||||
lives or health
of the prisoners are endangered or the security | ||||
of the penal institution is threatened, to such a degree as to | ||||
render their removal
necessary, the Warden may cause an | ||||
individual prisoner or a group of prisoners to be removed to | ||||
some suitable
place within the county, or to the jail of some | ||||
convenient county, where
they may be confined until they can be | ||||
safely returned to the place whence
they were removed. No | ||||
prisoner charged with a felony shall be removed by
the warden | ||||
to a Mental Health or Developmental Disabilities facility as
| ||||
defined in the Mental Health and Developmental Disabilities | ||||
Code, except as
specifically authorized by Article 104 or 115 | ||||
of the Code of Criminal Procedure of
1963, or the Mental Health | ||||
and Developmental Disabilities Code. Any place
to which the | ||||
prisoners are so removed shall,
during their imprisonment | ||||
there, be deemed, as to such prisoners, a prison
of the county | ||||
in which they were originally confined; but, they shall be
| ||||
under the care, government and direction of the Warden of the | ||
jail of the
county in which they are confined. When any | ||
criminal detainee is transferred to the custody of the | ||
Department of Human Services, the warden shall supply the | ||
Department of Human Services with all of the legally available | ||
information as described in 20 Ill. Adm. Code 701.60(f).
When a | ||
criminal detainee is delivered to the custody of the | ||
Department, the following information must be included with the | ||
items delivered: | ||
(1) the sentence imposed; | ||
(2) any findings of great bodily harm made by the court; | ||
(3) any statement by the court on the basis for imposing | ||
the sentence; | ||
(4) any presentence reports; | ||
(5) any sex offender evaluations; | ||
(6) any substance abuse treatment eligibility screening | ||
and assessment of the criminal detainee by an agent designated | ||
by the State to provide assessments for Illinois courts; | ||
(7) the number of days, if any, which the criminal detainee | ||
has been in custody and for which he or she is entitled to | ||
credit against the sentence. Certification of jail credit time | ||
shall include any time served in the custody of the Illinois | ||
Department of Human Services-Division of Mental Health or | ||
Division of Developmental Disabilities, time served in another | ||
state or federal jurisdiction, and any time served while on | ||
probation or periodic imprisonment; | ||
(8) State's Attorney's statement of facts, including the | ||
facts and circumstances of the offenses for which the criminal | ||
detainee was committed, any other factual information | ||
accessible to the State's Attorney prior to the commitment to | ||
the Department relative to the criminal detainee's habits, | ||
associates, disposition, and reputation or other information | ||
that may aid the Department during the custody of the criminal | ||
detainee. If the statement is unavailable at the time of | ||
delivery, the statement must be transmitted within 10 days | ||
after receipt by the clerk of the court; | ||
(9) any medical or mental health records or summaries; | ||
(10) any victim impact statements; | ||
(11) name of municipalities where the arrest of the | ||
criminal detainee and the commission of the offense occurred, | ||
if the municipality has a population of more than 25,000 | ||
persons; | ||
(12) all additional matters that the court directs the | ||
clerk to transmit; | ||
(13) a record of the criminal detainee's time and his or | ||
her behavior and conduct while in the custody of the county. | ||
Any action on the part of the criminal detainee that might | ||
affect his or her security status with the Department, | ||
including, but not limited to, an escape attempt, participation | ||
in a riot, or a suicide attempt should be included in the | ||
record; and | ||
(14) the mittimus or sentence (judgment) order that | ||
provides the following information: | ||
(A) the criminal case number, names and citations of | ||
the offenses, judge's name, date of sentence, and, if | ||
applicable, whether the sentences are to be served | ||
concurrently or consecutively; | ||
(B) the number of days spent in custody; and | ||
(C) if applicable, the calculation of pre-trial | ||
program sentence credit awarded by the court to the | ||
criminal detainee, including, at a minimum, identification | ||
of the type of pre-trial program the criminal detainee | ||
participated in and the number of eligible days the court | ||
finds the criminal detainee spent in the pre-trial program | ||
multiplied by the calculation factor of 0.5 for the total | ||
court-awarded credit.
| ||
(Source: P.A. 97-104, eff. 1-1-12.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||